Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajesh Kumar Drolia (HUF) v. CIT (Central) (2024) 299 Taxman 296 (Cal.)(HC)

S. 80IB : Industrial undertakings-Services to buyers by way of repair and maintenance of moulds sold to them and charged job work charges for such services-No direct nexus with business activity of manufacture and sale of moulds-Not entitle to deduction.[S. 260A]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-Sale of various items of scrap-Eligible deduction-Tax effect is below threshold limits-SLP of Revenue is dismissed. [S. 80HH, 268A, Art. 136]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80HHC : Export business-Interest from business debtors-Allowable as deduction-Tax effect is below threshold limits-SLP of Revenue is dismissed. [S. 268A, Art. 136]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80HHC : Export business-When certain profit is to be excluded from claim of deduction under sections 80HH, 80I and 80HHC, it is not gross profit but net thereof, that is, gross profit minus expenditure incurred for earning such profit which should be excluded-Tax effect is below threshold limits-SLP of Revenue is dismissed.[S. 80HH, 80I, 268A, Art. 136]

Sri Nrisimha Priya Charitable Trust v. CBDT (2024) 299 Taxman 257 /338 CTR 713 (Mad.)(HC)

S. 80G : Donation-CBDT, vide Circular No. 8 of 2022 dated 31-3-2022, extended time limit with respect to both existing trusts and new trusts for registrations under sections 10(23C), 12A and 80G(5)-CBDT circular did not grant extension to new trusts for filing forms for application-Clause 5(ii) of circular No. 6/2023, dated 24-5-2023 was arbitrary and violative of article 14 of Constitution of India and accordingly, would be ultra vires Constitution. [S.10(23C), 12A, 80G(5), 119(2)(b), Art. 14, 226]

PCIT v. Rashmi Rajiv Mehta (Smt.) (2024) 299 Taxman 82 (Delhi)(HC)

S. 69 : Unexplained investments-Photocopy of an alleged agreement to sell-Addition is not justified-Order of Tribunal deleting the addition is affirmed.[S.260A]

Manoj Jain (HUF) v. ITO (2024) 299 Taxman 456 (Cal.)(HC)

S. 68 : Cash credits-long term capital gains-Penny stock-Bogus claim-Sulabh Engineers & Services Ltd-Order of Tribunal is affirmed-High Court cannot be converted into an Appellate Tribunal to examine the factual issue which was not placed before the Tribunal or lower Authorities-No substantial question of law. [S. 45, 260A]

Dinamalar v. ACIT (2024) 299 Taxman 406 (Mad.)(HC)

S. 68 : Cash credits-Principle of natural justice-Adjournment application is not considered-Order is set aside [S. 143(3), Art. 226]

PCIT v. Bairagra Builders (P.) Ltd. (2024) 299 Taxman 460 (Bom.)(HC)

S. 68 : Cash credits-Unsecured loans-Statement in the course of search-Praveen Kumar Jain-Accommodation entries-Confirmation is filed-Loan received and repaid by account payee cheque-Order of Tribunal deleting the addition is affirmed.[S. 260A]

PCIT v. Anupama Mohapatra (2024) 299 Taxman 177 (SC) Editorial : PCIT v. Anupama Mohapatra (2024) 161 taxmann.com 702 (Orissa)(HC)/ PCIT v. Dipansu Mohapatra (2023] 293 Taxman 173 /[2024] 463 ITR 678 (Orissa)(HC)

S. 68 : Cash credits-Long term capital gains from equities-Penny stock-Accommodation entries-Survey-Report of Investigation Wing-Delay of 303 days-Explanation offered by the Revenue is held to be not sufficient to condone the delay-SLP of Revenue is dismissed. [S. 10(38), 45 Art.136]